Dt - 2nd May 2009
The government faces a wave of
legal challenges to its new immigration and citizenship bill, which
ignores repeated High
Court rulings that the
Home Office cannot
keep changing the rules for migrants already living in
Britain .
The campaign group HSMP Forum,
which represents skilled migrants in the UK , has won two landmark
judicial review
cases where the Home Office was ordered to honour the original terms of
migrants' visas after it tried to alter them retrospectively.
The government's legal fees ran
into tens of thousands of pounds and analysts say it now faces
individuals’ compensation claims that could be in millions.
"Yet
Ministers Jacqui Smith and
Liam Byrne are
determined to press ahead with the new Borders, Immigration and
Citizenship Bill, which tries the same thing all over again," said Amit
Kapadia, the executive director of HSMP Forum, which takes its name from
the UK's
Highly Skilled Migrant Programme.
Among many discriminatory
provisions, the new bill retrospectively lengthens the
waiting period for
citizenship to eight years.
"If long-standing, taxpaying,
completely legitimate migrants want to make a commitment to citizenship
after six years - as originally promised when they came here - they are
reduced to the status of criminals by effectively being sentenced to a
community service order," Mr Kapadia said.
"Exactly this type of
retrospective change has been repeatedly condemned by the High Court,
the immigration courts, and MPs and Lords from all sides of politics.
Parliament's own influential and cross-party
Joint Committee on Human Rights has repeatedly warned the
government about this, and ultimately the high court pronounced such
changes illegal.
"We are urging MPs
from all sides to scrap this bill - or
ensure it is heavily amended so that no legitimate migrant already
living in Britain is caught up in these latest arbitrary and
retrospective rule changes, which are doomed to failure."
Mr Kapadia said the government
had already been embarrassed on the bill in the
House of Lords by
Baroness Hanham's amendments, which toned down some of its retrospective
effects.
"However these amendments do not
go far enough," Mr Kapadia said.
"They only help immigrants with
applications in the system - not the vast majority who have been here
several years but are still some way off from being able to apply for
residency or citizenship.
"Ms Smith and her ministers have
tried to stifle debate on the bill by loosely promising 'transitional
arrangements' for existing migrants, but MPs need to see through this.
"The government cannot conceal
the fact that it fully intends for these new laws to catch out the vast
majority of legitimate working migrants who have been in Britain for
several years, working towards their goal of residency of citizenship -
and now face yet another Home Office attempt to move the goalposts."
Mr Kapadia said the recent
Gurkha vote against the government displayed a sense of fair play among
MPs towards foreigners who have shown a commitment to Britain .
"We ask that MPs show a similar
sense of fairness towards legitimate working migrants by challenging
this Bill," he said.
"We accept that the UK can
change its
immigration rules, but those changes must not be applied to
existing legal migrants in Britain . The courts have said again and
again that the government cannot continually undermine migrants’
legitimate expectations, and that migrants have the right to plan
their private and family lives in the UK free from this sort of
interference."
Mr Kapadia said it was a lie
that working non-EU migrants in Britain were able to access state
benefits and council
housing.
"Migrants' visas include a ban
on any access to public funds," he said.
"Migrants have to completely
support themselves and their families, they pay full taxes and do not
receive state benefits or support, unlike EU migrants and
asylum-seekers.
"Yet this bill includes
draconian measures like deporting working migrants who become unemployed
for relatively brief periods - even when they have enough money saved to
sustain themselves while they find another job. This is a way of life
for many contract workers, both British and foreign.
"Skilled migrants feel it is
time the government left them alone and focused on the real problems
with Britain's immigration system. They may not be citizens yet, but
they are not second-class citizens either.
"If the Bill goes ahead in its
current form, HSMP Forum will have no hesitation in going back to court
and we are completely confident of victory."
More information:
Amit Kapadia, executive
director, HSMP Forum
amit@hsmpforumltd.com
+44 (0) 7830 374 629
Resources for
editors:
Text of the latest (2009)
HSMP Forum High
Court ruling:
http://www.bailii.org/ew/cases/EWHC/Admin/2009/711.html
Telegraph: Home Office facing
multi-million compensation bill after skilled migrant ruling:
http://www.telegraph.co.uk/news/uknews/5115845/Home-Office-facing-multi-million-compensation-bill-after-skilled-migrant-ruling.html
Text of the earlier (2008)
HSMP Forum High Court ruling:
http://www.bailii.org/ew/cases/EWHC/Admin/2008/664.html
BBC: Immigration rule change
'illegal':
http://news.bbc.co.uk/1/hi/uk_politics/7336360.stm
Guardian: 'Earned citizenship'
- government defeated in Lords:
http://www.guardian.co.uk/politics/2009/mar/26/yesterday-parliament
Joint Committee on Human
Rights criticises Borders, Immigration and
Citizenship Bill (search for 'unedifiying
spectacle'):
http://www.publications.parliament.uk/pa/jt200809/jtselect/jtrights/62/6205.htm#a7
Lords ruling: British-trained
foreign doctors (BAPIO) win right to
keep working here:
http://www.publications.parliament.uk/pa/ld200708/ldjudgmt/jd080430/bapio-1.htm
HSMP Forum website:
http://www.hsmpforumltd.com
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